Law, Regulation and Rent Seeking

Transcription

1 Political Economics: Week 8 Giacomo A. M. Ponzetto CRE UPF Barcelona GSE 26th February and 1st March 2010 Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

2 The Coase Theorem Externalities An externality is present whenever an agent s action impacts the welfare of another directly, without the mediation of the price system. The traditional approach is Pigovian: activities that generate externalities should be regulated. 1 Taxes on activities that generate negative externalities; subsidies for activities that generate positive externalities. 2 Liability for damages caused by negative externalities. 3 Permits, quotas, requirements and prohibitions restricting who can (or must) engage in externality-inducing activities. Regulation sets or changes the price of externality-inducing activities. 1 Directly and openly via taxes and subsidies. 2 Ex post with the state-contingent court determination of damages under a liability rule. 3 ndirectly with nes for failing to comply with quantity regulations. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

3 The Coase Theorem The Problem of Social Cost Coase (1960) is a tremendously in uential article, one of the foundations of law and economics. Emphasis on the reciprocal nature of the problem. E.g., a business A generates noise that disturbs a nearby resident B. 1 The social bene t and cost depend on the activities of all parties. A can soundproof its plant, or B can soundproof his home. A can relocate to an industrial park, or B to a residential district. 2 The problem can be framed in terms of the allocation of relevant rights, albeit precisely de ned with potentially great complexity. A s exercise of a right to make noise a ects B by reducing his utility. B s exercise of a right to enjoy quiet a ects A by reducing its pro ts. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

4 The Coase Theorem Tradable Rights The problem of externalities has a market solution if private parties can bargain e ciently over the allocation of the right to engage in, or forbid, the externality-inducing activity. Legal institutions are required to enable such bargaining: 1 De nition of the initial endowment of the right. 2 Enforcement of any contract reallocating the right. The Coase theorem is the insight the initial endowment does not matter in a world with no transaction costs. n a free, frictionless, perfect market, resources ow to whoever values them the most, regardless of the initial allocation. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

5 The Coase Theorem The Coasian nsight A earns a pro t π A from the noise-making activity. B derives utility u B from enjoying quiet. 1 f B has a right to quiet, then A will buy permission to make noise if π A > u B. 2 f A has a right to make noise, then B will pay him to keep quiet if u B > π A. ) n either case, noise prevails if π A > u B and quiet if u B > π A. The rst case is classically Pigovian: A has to compensate B for the externality caused. n the second case, the uncompensated externality is a mirage: when making noise, A faces the opportunity cost of not selling quiet to B. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

6 The Coase Theorem No Transaction Costs 1 All a ected parties participate in bargaining. No di culty identifying and reaching every party. 2 Complete and perfect public information. No asymmetric information about private costs and bene ts. Well de ned outside options (common priors). Common knowledge of rationality. 3 Bargaining leads to a Pareto e cient outcome. No free-rider problem due to public goods. No hold-out problem due to sequential coalition formation. No hold-up problem due to incomplete contracts. Typically, the problem has a core and the solution is in the core. 4 Costless bargaining and costless enforcement. Everything can be costlessly and veri ably measured. Courts are perfectly capable and incorruptible. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

7 The Coase Theorem The Coase Theorem, Version Theorem (Pareto e ciency) f there are no transaction costs, then bargaining leads to a Pareto e cient outcome regardless of the initial endowments. This is a tautology, because the hypothesis of no transaction costs includes by de nition the thesis that bargaining is Pareto e cient. The theorem does point out that many forms of bargaining can lead to the internalization of an apparent externality. ) No dichotomy between perfectly competitive price-taking or regulatory intervention. f the market fails to reach a Pareto optimum it must be because of transaction costs. ) The optimal intervention could identify and remove the transaction costs, enabling the market, rather than replacing it and having a planner set prices. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

8 The Coase Theorem The Coase Theorem, Version Theorem (Surplus maximization) f there are no transaction costs and the bargaining game has transferable utility, then the outcome maximizes total surplus and initial endowments only in uence its division among the parties. The bargaining game has transferable utility when parties can exchange cash payments and have no income e ects. This is also known as the invariance version, presuming that surplus maximization identi es a unique outcome, up to cash transfers. Surely the most common version of the Coase theorem. Most models assume away income e ects, so e ciency can be de ned irrespective of distributional considerations. When is the assumption of constant marginal utility of money justi ed? Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

9 The Coase Theorem Transaction Costs The pure costs of convening all parties are prohibitive for many mundane activities that a ect large numbers of people that may not be clearly identi ed ex ante. E.g., driving and tra c accidents, air pollution. A tort is de ned as the breach of a duty imposed by law erga omnes (in particular a general duty of care), by opposition to the breach of a contractual obligation, which is binding inter partes. Large numbers of parties also tend to imply free-riding and the potential for hold-outs. ) Regulation as the solution to the problem of large numbers: the government is the citizens representative at the bargaining table. Second-best world: market failure v. government failure. Frictions prevent perfect markets but also benevolent planning. Myerson Satterthwaite: asymmetric information rules out both e cient bilateral bargaining and an e cient mechanism. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

10 The Coase Theorem Coase v. Pigou Without e cient bargaining, the problem of optimal institutional design becomes very di cult. n theory, the same optimal institutions can be designed in two ways. 1 Pigovian approach: all externalities should be internalized. 2 Coasian approach: rights and duties should be parcelled out as they would be if e cient bargain were possible. Naive Pigovianism risks obscuring the reciprocal nature of the problem, which implies that simple rules that assign an entire non-tradeable bundle of rights to one party are rarely optimal. f the o ender must compensate the victim for the actual harm su ered, then the latter has no incentives to limit the harm. Pigovian compensation is limited to the amount of harm that the victim would su er after taking optimal precautions. The optimal mechanism can be too complex to be realistically implementable. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

11 The Coase Theorem Pigovian Compensation v. Pigovian Taxation Pigovian taxes can become distortionary if the income is not used to compensate the victims of an externality, but bargaining is possible. 1 No regulation: A can operate the noisy factory at will. ne cient without bargaining. A always operates the factory. E cient with bargaining. Distributionally, A is favoured. 2 Compensation: A must pay B a compensation u B for operating the noisy factory. E cient without bargaining. A operates the factory if π A > u B. E cient with bargaining. Distributionally, B is favoured. 3 Taxation: A must pay a tax u B for making noise, but B gets no compensation. E cient without bargaining. Distributionally, the treasury is favoured. ne cient with bargaining. A faces a double cost: the direct cost u B of the tax, and the opportunity cost u B of selling quiet to B. Thus he operates the factory only if π A 2u B. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

12 Litigation or Regulation? mperfect Courts The Coase theorem states that e cient bargaining leads to e cient outcomes, if contracts are perfectly enforced. Even with transaction costs, the Coasian tradition in law an economics typically favours liability rules administered by courts. Courts must be able and willing to verify private actions, understand complex rules (contractual or statutory), and apply them impartially. Are they? Comparative institutional failure: imperfect courts or imperfect regulators? 1 Glaeser, Johnson, and Shleifer (2001): regulators have more aggressive incentives. 2 Glaeser and Shleifer (2003): regulation is less prone to private subversion. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

13 Litigation or Regulation? ncentives for Enforcement An adjudicator must investigate and punish breaches of a legal obligation, which occur in a fraction p of suspect cases. Three-fold private incentives: 1 A cost c > 0 of discovering the true facts of the case. Personal e ort and opportunity cost of time. 2 A payo b > 0 from adjudicating correctly. Long-run reputation and self-esteem. 3 A payo a 0 from punishing a suspect. Short-run career incentives and political expediency. The adjudicator has the following payo s: Probability Not Punish Punish nnocent 1 p b a Guilty p 0 a + b Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

14 Litigation or Regulation? Adjudicating Strategies Leniency: Acquit everyone without investigating. ) Expected payo : (1 p) b Abuse: Convict everyone without investigating. ) Expected payo : a + pb Search: nvestigate and adjudicate correctly. ) Expected payo : b + pa c Since b > 0, it never pays to acquire information but misuse it. The equilibrium involves e cient search if and only if c (a + b) p and c (b a) (1 p) Leniency is only possible for p < 1/2. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

15 Litigation or Regulation? Equilibrium Strategies Leniency Abuse Search Cost (c) Search ncentive for Enforcement (a) Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

16 Litigation or Regulation? Comparative Statics 1 c is an inverse measure of judicial e ciency. Lower c makes it cheaper for adjudicators to acquire information Thus lower c makes adjudicators more likely to make the right decision. f the legal system is not e cient enough, it is impossible to have nuanced regulation: either everybody or nobody must be punished. 2 b is a measure of judicial professionalism. Higher b makes adjudicators more likely to search. For prohibitive values of c, higher b extends leniency at the expense of abuse. 3 p is the rational presumption of guilt. For p < 1/2, higher p extends search at the expense of leniency. Higher p always extends abuse at the expense of both leniency and search. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

17 Litigation or Regulation? Endogenous Violations Atomistic adjudicators, so each adjudicator s choice does not a ect the equilibrium. Atomistic potential violators with heterogeneous bene ts from a violation. f no adjudicator searches, the fraction of actual violators is P. dentical under leniency or abuse, since marginal incentive are nil in both cases. f all adjudicators search, the fraction is Q < P. Mixed-strategy equilibria (X, Y, Z): adjudicators are indi erent between searching or not and leniency, and p 2 (Q, P). Multiple rational expectations equilibria (Y, Z), always including pure abuse. The qualitative results are unchanged. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

18 Litigation or Regulation? Rational Expectations Equilibria Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

19 Litigation or Regulation? Optimal Adjudicators The ideal independent judge has a = 0. High values of a are appropriate for regulators and prosecutors whose careers are a function of bringing violators to justice, or appearing to do so. ntermediate values of a may correspond to civil-law judges, who are career civil servants but do not depend from the government. A government lacking high-quality judges (high b, low c) must raise a to induce search. f abuse is very costly (e.g., criminal justice), rely on less than independent judges. n civil situations, it is best to rely on a regulator with more aggressive, albeit never excessive, incentives. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

20 Litigation or Regulation? Securities Market Regulation Landis (1938), architect of U.S. regulation and one of the rst SEC commissioners. Skeptical that courts were motivated enough to punish dishonesty in security issuance and trading. He thought an independent and highly motivated SEC could do this better. He argued that regulators are better because they face lower costs of investigation. A more motivated regulator has a higher a. Greater disclosure by securities issuers and intermediaries corresponds to a lower c. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

21 Litigation or Regulation? Poland v. the Czech Republic A comparison of two very similar transition economies: Similar histories from 1945 to 1990: former communist countries. Similar economies: industrialized countries bordering with Germany. Similar policies: liberalization and privatization in the early 1990s. Similar overall legal development: Excellent for ex-communist countries. The quality of courts lagged behind rich market economies. Polish company law protects minority shareholders somewhat more. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

22 Litigation or Regulation? Comparative Securities Law Hands-o approach in the Czech Republic, stringent regulation in Poland. 1 Securities markets supervised by an independent Securities Commission in Poland; by an o ce within the Ministry of Finance in the Czech Republic. The Czech minister of nance and then prime minister advocated a laissez-faire approach. 2 Poland had stricter licensing and regulation of intermediaries: brokers, investment advisors, mutual funds, custodian banks. 3 The Polish regulator had greater ability to discipline market participants without recourse to the judicial system. Appeals possible, but the burden of going to court is shifted. Neither country had a corrupt judiciary. 4 Poland mandated more disclosure by securities issuers. Disclosure of nancial results and of ownership structure. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

23 Litigation or Regulation? Stock Listings Number of stocks in the FC nvestable ndex Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

24 Litigation or Regulation? Stockmarket Capitalization Market capitalization of stocks in the FC nvestable ndex Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

25 Litigation or Regulation? The Rise of the Regulatory State Before 1900 signi cant commercial disputes in the U.S. were generally resolved through private litigation. Corporate liability, anti-competitive practices, product safety. Between 1887 and 1917 regulatory agencies at both the state and the federal level took over. Competition, anti-trust, railroad pricing, food and drug safety. Also a general expansion of government: the Federal Reserve and the federal income tax. Why did these changes occur at the turn of the century? 1 ndividuals will seek to subvert any law enforcement strategy for their own bene t. 2 The e ciency of alternative institutional arrangements depends on their vulnerability to private subversion. 3 The increase in the scale of entreprise at the end of the XX century made courts more susceptible to corporate subversion and prompted a switch to regulation. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

26 Litigation or Regulation? E cient Accident Avoidance A rm can take a level of precaution Q 1 or Q 2 to avoid an accident. Q 1 is costless, while Q 2 > Q 1 has a cost C S C is the cost of precaution per unit of output. S is the scale of the rm. Two types of rm, α and β. The probability of an accident as a function of precaution is: P (Q 1 ; α) = P (Q 2 ; α) P α for rms of type α. P (Q 1 ; β) P 1 > P (Q 2 ; β) P 2 for rms of type β. The social cost of accidents is D S. D is the harm in icted per unit of output. t is irrelevant whether D is concentrated or widely shared. n the rst best, α rms set Q 1 and β rms Q 2 : (P 1 P 2 ) D > C. mplicitly, it is e cient for all rms to operate. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

27 Litigation or Regulation? Liability Rules 1 Strict Liability: The rm must pay damages F whenever an accident occurs. With no subversion, the rst best is achieved if F CS P 1 P 2. 2 Negligence: The rm must pay damages F when an accident occurs and the level of precaution is Q 1. With no subversion, the rst best is achieved if P 1 P α and CS P 1 F CS P α. Strict liability requires a larger punishment. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

28 Litigation or Regulation? Regulation A regulatory agency can verify the level of precaution with exogenous probability p > P 1. Regulations can be designed so that insu cient precautions Q 1 are relatively easy and inexpensive to detect. The rm must pay a ne F whenever it is caught using precautions Q 1 and not Q 2. All rms are induced to set Q 2 if F CS p. Regulation cannot achieve the rst best, because it cannot distinguish rm types. Regulation induces precaution with lower nes than liability for negligence, and a fortiori strict liability. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

29 Litigation or Regulation? Subversion When a rm is sued after an accident, or caught violating regulation, it can pay X to escape the punishment F. Legal means: lobbying, hiring good lawyers. llegal means: bribery, intimidation. The cost of subversion X is the maximum punishment that can be imposed, and measures the quality of the institutional environment. First-best institutions can function only in a supportive environment that protects them from subversion. When subversion is rampant, laissez faire is the best policy. Government intervention cannot solve market failures. The subversion of government intervention adds another waste. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

30 Litigation or Regulation? Appropriate nstitutions 1 f X /S < C /p, any enforcement scheme is subverted: laissez faire is optimal 2 f P 1 P α and C /p X /S < C /P 1, or P 1 < P α and C /p X /S < C / (P 1 P 2 ), then the optimal enforcement scheme is regulation if and only if D > Otherwise, laissez faire is optimal. C (1 π α ) (P 1 P 2 ). 3 f P 1 P α and X /S C /P 1, negligence achieves the rst best. 4 f X /S C / (P 1 P 2 ), strict liability achieves the rst best. As rm size increases, subversion becomes more severe. nequality can undermine the functioning of law enforcement. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

31 Litigation or Regulation? Optimal Enforcement Schemes Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

32 Litigation or Regulation? Combining Regulation and Litigation A regulator can impose a ne R for failure to comply with regulation, and in addition courts can impose liability for damages F when an accident occurs The combination of the two mechanisms can deter subversion, because its cost must then be incurred twice. 1 f P 1 P α and X /S C / (p + P 1 ), a combination of regulation and negligence achieves the rst best. 2 f X /S C / (p + P 1 P 2 ), a combination of regulation and strict liability achieves the rst best. The regulatory ne is low enough that α rms are in e cient non-compliance. Regulation reduces the judicial punishment whose threat induces β rms to take precautions. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

33 The Regulation of Entry Regulatory Screening of Entrepreneurs The regulation of entry of start-up rms di ers enormously across countries. Government requirements for starting to operate a business: Canada: 2 procedures, 2 business days, 280 USD. USA: 4 procedures, 4 business days, 149 USD. Spain: 11 procedures, 82 business days, 2,422 USD. taly: 16 procedures, 62 business days, 3,946 USD. Mozambique: 19 procedures, 149 business days, 256 USD. Regulation mostly takes the form of screening procedures. Djankov, La Porta, Lopez-de-Silanes, and Shleifer (2002) measure the o cial requirements in 85 countries. Not taking into account corruption and unexpected bureaucratic delays Use the data to evaluate di erent economic theories of regulation. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

34 The Regulation of Entry Theories of Regulation 1 Public interest theory: the helping hand (Pigou 1938). Regulation increases social welfare by correcting market failures. 2 Public choice theory: the grabbing hand (Tullock 1967). Regulation reduces social welfare by creating rents. Capture view: Stigler (1971) Regulation creates barriers to entry to increase the pro ts of industry incumbents. Tollbooth view: De Soto (1990) Regulation is used by politicians and bureaucrats to control patronage and collect bribes. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

35 The Regulation of Entry Public nterest Theory Unregulated markets are prone to market failures Monopoly power, externalities. The government pursues social e ciency by countering those failures through regulation. The regulation of entry screens entrants to ensure that consumers buy from desirable sellers. Reduces market failures: low-quality products from y-by-night rms. Reduces externalities: pollution. Stricter regulation is associated with socially superior outcomes. 1 Who gets the rents? Consumers. 2 Which governments regulate? Representative, limited governments. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

36 The Regulation of Entry Public Choice Theory: The Capture View Stigler (1971): Regulation is acquired by the industry and is designed and operated primarily for its bene ts. ndustry incumbents face lower information and organization costs than dispersed consumers and potential entrants. They use the incumbency advantage to acquire regulations that create rents for themselves. The regulation of entry keeps out competitors and raises incumbents pro ts at the expense of consumers. 1 Who gets the rents? ncumbent producers. 2 Which governments regulate? Governments without public oversight. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

37 The Regulation of Entry Public Choice Theory: The Tollbooth View Regulation is pursued for the bene t of politicians and bureaucrats. Favoured constituencies provide campaign contributions and votes. O cials can deny permits and collect bribes for providing them. n principle, the collection of bribes could be e cient. The government becomes and equity holder in the regulated rm. n practice, the creation and extraction of rents is typically ine cient. Regulators are disorganized. Distortionary policies are pursued to increase the rents from corruption. The tollbooth analogy: Every town wants to put a tollbooth on the highway. Toll collectors may also block alternative routes. 1 Who gets the rents? Politicians and bureaucrats. 2 Which governments regulate? Unaccountable governments. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

38 The Regulation of Entry Start-up Procedures in New Zealand Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

39 The Regulation of Entry Start-up Procedures in France Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

40 The Regulation of Entry Regulation and Producer Quality Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

41 The Regulation of Entry Regulation and Market Outcomes Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

42 The Regulation of Entry Regulation and Corruption Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

43 The Regulation of Entry Regulation and Socioeconomic Outcomes Richer countries regulate entry relatively less. Market failures may be more pervasive in the poorest countries. ncome level may proxy for political accountability. Stricter regulation is associated with worse social outcomes: Lower product quality, more intestinal infection, higher employment in the uno cial economy, more corruption. Not necessarily inconsistent with the public interest theory. 1 Egregious market failures coupled with the failure of alternative enforcement mechanisms, such as courts or the press. Yet robust to controlling for freedom of the press and e ciency of the judiciary. 2 Unintended consequences of benevolent regulation. Benign politicians in emerging markets imitate rich-country regulation and are frustrated by corruption and enforcement failures. t may be impossible to screen bad entrants without facilitating corruption. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

44 The Regulation of Entry Political Attributes and Regulation Log of the number of procedures as the dependent variable. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

45 The Regulation of Entry Autocracy and Regulation Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

46 The Regulation of Entry Cross-Country Regulatory Patterns The regulation of entry is very costly and time-consuming. On average 10 procedures, 47 business days, 47% of GDP per person. More regulation is not associated with better quality of public or private goods. More regulation is associated with more corruption and a larger uno cial economy. Heavier regulation is adopted by governments that are less constrained by checks and balances, less democratic and more interventionist. Controlling for the level of economic development. Exactly the correlations predicted by the public choice theory. More obvious support for the tollbooth than the capture view. No identi cation strategy to test and reject the public interest theory. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

47 Corruption The Simple Economics of Corruption Shleifer and Vishny (1993) de ne corruption as the sale by government o cials of government property for personal gain. The state-owned goods are mostly requirements for pursuing economic activities. Permits and licences, passports and visas, passage through customs,... Corruption is particularly pervasive in (some) developing countries, but it is signi cant around the world. Defence contracts, local zoning boards,... Corruption is a huge problem, and clearly perceived as such although the empirical evidence on corruption and growth is no more than tentative. Why is corruption more distortionary than taxation? How does the social cost vary with the structure of the corruption network? Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

48 Corruption Basic Model A homogeneous government-produced good with demand D (p). The o cial government price is p. A government o cial acts as a monopolist, restricting supply of the good and extracting bribes. 1 Corruption without theft: the marginal cost equals p. ) The e ective price is always above p. 2 Corruption with theft: the marginal cost is nil. The e ective price can be lower than p: e.g., customs duties. ) Buyers always prefer corruption with theft. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

49 Corruption Corruption without Theft Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

50 Corruption Corruption with Theft Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

51 Corruption Competition and the Spread of Corruption Competition between the o cials: if government jobs are (implicitly) auctioned to the highest bidders, then only the maximal bribe-takers will be able to get them. Riordon, William L Plunkitt of Tammany Hall. New York, NY: McClure, Phillips. With theft, competition between the buyers: if b < p, no entrepreneur can a ord not to pay bribes when his competitors are doing so. With theft, the buyers incentives are aligned with the corrupt o cial s. Without theft, they are aligned with the government s. ) The rst step to reduce corruption is to prevent theft of government revenues. Penalizing the o cial for corruption does not remove the problem. f the penalty is increasing in the level of the bribe, he may decrease it and expand supply. f the penalty is increasing in the number of bribes received, he may reduce supply and raise the bribe. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

52 Corruption Complementary Government Goods Private agents need several complementary government goods. E ective prices p 1 and p 2, quantities x 1 and x 2 Bribes b i = p i MC i, where MC i is either the o cial price or 0. A single o cial is the monopolist supplier of all government goods. Absolute monarchy, a single ma a, old-time Communism. Always clear whom to bribe and how much. Joint revenue maximization Since the goods are complements MR 1 + MR 2 dx 2 dx 1 = MC 1, MR 2 + MR 1 dx 1 dx 2 = MC 2. MR 1 < MC 1 and MR 2 < MC 2. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

53 Corruption ndustrial Organization of Corruption The monopolist keeps the bribe on one good low to increase demand for the other good. Redistribution of bribes within the government or party. Enforcement problem: can increases in bribes be detected? Small oligarchies, police states, homogeneous communities. The leadership may not be able control rent extractions:independent (non-colluding) monopolists. African countries, ndian licence Raj, post-soviet Russia. Everyone wants to maximize his own bribe revenue. Non-collusive solution: Higher bribes and lower supply. MR 1 = MC 1 and MR 2 = MC 2. Political modernization is accompanied by increases in corruption. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

54 Corruption Modes of Competition Free entry into the collection of bribes maximizes the problem. New organizations and o cials can demand more bribes. The same bribe-takers may come back for more. f entry is completely free, bribe revenues must go to zero because total supply goes to zero due to prohibitive bribes. The tollbooth problem: complementary good can be created at will. n the middle ages there were 60 independent tolls on the Rhine. n developing countries it is still quite common for every village to levy a toll on the road between two towns. Opposite results for substitute goods. f several o cials can provide the good, Bertrand competition eliminates bribes. Potential competition is all that is needed. A good explanation of why the U.S. has low government corruption, and most of it probably in defence procurement. With theft, this would also reduce government revenues to zero. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

55 Corruption Corruption and Secrecy n the case of a centralized bribe-collecting monopoly, corruption is similar to revenue-maximizing taxation. The parallel can also be drawn between competing corrupt o cials and competing tax agencies or levels of government. Revenue-maximizing taxes are already distortionary. Bribes can be much worse. Classic rent-seeking (Tullock 1967): the bribe revenues are dissipated in a race to occupy the bribe-taking positions. Further distortions are involved in extracting bribes because they are illegal and must be kept secret. 1 Distort private activity towards areas where it is easier to hide bribes. 2 Resources are spent to avoid detection and punishment. Example from developing countries: needlessly advanced technological imports to hide overinvoicing and kickbacks. Defence and infrastructure projects over education and health. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

56 Corruption Rent Seeking and Growth Murphy, Shleifer, and Vishny (1993) explore the reasons why rent-seeking is nor merely redistributive, but also detrimental to growth. Each person can engage in one of three activities: 1 Market production, with output α. 2 Subsistence production, with output γ < α. 3 Rent-seeking, which expropriates β from market producers, but nothing from subsistence producers. An equilibrium is an allocation of the population to production and rent-seeking. n is the ratio of rent-seekers to producers. y is income per capita. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

57 Corruption ncreasing Returns to Rent-Seeking 1 When the number of rent seekers is su ciently low, they are only constrained by their own capacity to expropriate: the returns to rent-seeking are β; the returns to market production are α nβ > γ. 2 Competition between rent seekers rent-seeking becomes binding at n 0 = α γ β. Then rent extraction is limited by producers ability to shift into subsistence production: returns to production are γ; returns to rent-seeking are (α γ) /n < β. ) The relative returns to rent-seeking are increasing in the prevalence of rent seekers in the interval n 2 (0, n 0 ). Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

58 Corruption Full Protection of Property Rights f β < γ, property rights are perfectly protected. 1 Nobody engages in rent-seeking. 2 ncome per capita equals the maximum α. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

59 Corruption No Protection of Property Rights f β > α, property rights are not protected by institutions. 1 The prevalence of rent-seeking is n 00 = α/γ 1. 2 ncome per capita equals the subsistence level γ. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

60 Corruption Multiple Equilibria f γ < β < α, both outcomes are possible in equilibrium. There is a third equilibrium with income per capita β, but it is unstable. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61

61 Corruption Comparative Statics The productivity of rent-seeking β captures the quality of legal protection of property rights. t does not a ect the value of output in either stable equilibrium. t does a ect equilibrium selection. Higher α increases the value of property rights. n the good equilibrium (with strong protection) it increases income per capita. n the bad equilibrium (with weak protection) it increases rent-seeking instead. The productivity of subsistence production γ measures the ability to self-protect. t directly increases income in the bad equilibrium (weak legal protection). Reform mostly acts through shifts in equilibrium selection Discontinuous response to changes in β. Protection of subsistence production also plays a role. Giacomo Ponzetto (CRE) Political Economics 26 Feb - 1 March / 61